Lady Bird Deeds (Enhanced Life Estate) in Florida: A Plain-English Guide

What Is a Lady Bird Deed?

A Lady Bird deed, also called an enhanced life estate deed, is a Florida legal tool that lets you transfer real estate at death to named beneficiaries—without probate—while retaining control during your lifetime. Unlike a traditional life estate deed, you can still sell, mortgage, or revoke the deed without the beneficiaries’ permission.

Key Benefits

• Avoids probate: Property transfers directly to beneficiaries.
• Retains control: You can sell, refinance, or change beneficiaries at any time.
• Potential Medicaid planning advantages: Home remains an exempt asset (with caveats).
• Low cost: Simple to draft and record compared to trusts.

Risks & Myths

• Not creditor protection: A Lady Bird deed does not shield property from creditors.
• Medicaid misconceptions: It may help with estate recovery but does not replace full Medicaid planning.
• Family conflicts: Beneficiaries may fight after your death if unclear instructions are left.

Homestead & Spousal Rights

Florida’s homestead protections can complicate Lady Bird deeds. A spouse may be entitled to life estate or elective share unless they sign a waiver. Always review Fla. Stat. §732.401.

When a Trust May Be Better

• You want multiple beneficiaries with staggered distributions.
• You own multiple properties in different states.
• You want stronger incapacity planning and asset protection.

Recording Steps in South Florida

• Miami-Dade: e-record via CourtMAP; doc stamp tax may apply.
• Broward: Submit through e-Recording Portal; check with property appraiser for homestead continuity.
• Palm Beach: Clerk & Comptroller accepts electronic submissions.

FAQs

1. Does a Lady Bird or Enhanced Life Estate deed affect my homestead exemption? No, if drafted correctly. It is important to find a trusted and experienced Florida estate planning attorney to make sure that these nuances are not overlooked.
2. Can I change beneficiaries later? Yes, without their consent. You will never require your beneficiaries permission or signature for future transfers during your life.
3. Does it protect against creditors? No. This is not the intended benefit of this kind of transfer of title.

Book a 15-minute consult to see if a deed or trust is right for your situation.